DHS Releases Final H-1B Weighted Selection Rule: 7 Steps Employers Should Take Before the Next Cap Season
The Department of Homeland Security (DHS) just finalized a change to the H-1B visa program to officially replace the traditional random lottery with a wage-weighted selection system. The rule, released earlier today and expected to be formally published in the Federal Register on December 29, marks one of the most significant structural shifts to the H-1B cap process in decades and will require you to take a new approach to your annual immigration strategy. You should begin preparing for the 2026 cap season by reading the summary below and reviewing our list of seven suggested action items. What Just Happened The final rule largely mirrors the proposal unveiled in September, which we previously covered in detail here . In a nutshell: DHS will replace the random H-1B cap lottery with a weighted selection process that favors higher wage levels assigned to the offered position. The rule applies to all 85,000 annual H-1B cap numbers, including: 65,000 under the regular cap, and...